AUSTIN, Texas (CBS Houston) – A Texas man blew 0.00 into a breathalyzer but was still arrested on drunk driving charges, reports the Austin American-Statesman.
Larry Davis was pulled over for running a red light in Travis County, according to a police report. The officer judged he was intoxicated based on a field sobriety test and placved him under arrest.
At the jail, Davis blew into a breathalyzer and registered the lowest possible result: 0.00.
The results of a blood test, which back months after the arrest, also showed no sign of alcohol or drugs.
But Austin police are defending the arrest, which took place in January 2013, saying it’s possible Davis was under the influence of a drug that did not show up in the blood test.
They say officers must use their best judgement in such situations to guarantee the public safety.
Davis’ attorney Daniel Betts tells the paper that in this case the officer made the wrong judgement call.
Last week, prosecutors dismissed the case against Davis and he is now seeking to have his arrest record cleared.
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